HomeMy WebLinkAbout062298S CC Min
CITY COUNCIL WORKSHOP SESSION
MONDAY, JUNE 22, 1998
COMMUNITY BUILDING
6104 AUDEN
6:45 P.M.
The City Council convened in Workshop Session in the Community Building (6104
Auden) on June 22, 1998 with the following members present: Mayor Fogler presiding,
Council Members Sparkman, Davis, Neal and Starich. The City Manager, City
Secretary, City Attorney, Acting Police Chief and Finance Director were also present.
AGENDA REVIEW:
The City Council reviewed the regular meeting agenda and discussed items under
consideration with the Staff.
REPORT FROM BUILDING AND STANDARDS COMMISSION:
Craig DuCote, Chairman of the Building and Standards Commission, presented a report
to the City Council on the progress of the Commission's work plan.
Mr. DuCote explained that the BSC has undertaken a work plan for 1998 to address the
various changes to the building codes that would increase the building standards and
quality of the homes being built in the City. To this end, the Commission has embarked
on a very intense meeting schedule to accomplish this task in 1998. Mr. DuCote stated
that the Commission is on schedule and sees no reason why it can not complete the task
as scheduled.
REPORT ON WESLAYAN TOWNHOUSE DISTRICT (PDDTH4):
Ned Ross, Chairman of the Zoning and Planning Commission, presented a report on the
Weslayan Townhouse District.
Mr. Rossreported that the ZPC approved and supported the proposal submitted by Lovett
Homes to develop the entire Weslayan Townhouse District (pDD-TH4) into an 18 unit
"Garden Style" residential subdivision with fee-simple land ownership of each of the
homesites.
REPORT ON BARKING DOG ISSUES:
The Staff reported on barking dog issues and recommendations.
Acting Police Chief Gary Brye stated that at a recent meeting of the City Council, the
noise problem created by barking dogs was discussed. One ordinance that was
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recommended would have prohibited any person to own, harbor, or keep on their
premises any dog which (1) barks or howls intrusively for 15 minutes or longer, with no
pause longer than one minute; or (2) barks or howls intrusively for three hours or longer,
with no pause longer than 15 minutes; or (3) barks or howls intrusively and in a patently
offensive manner for any period of time. This ordinance was recommended in. order to
give residents recourse if a. dog barked outside of the residential quiet hours as defmed in
the noise ordinance. However, based on the considerable amount of public comment
received during the meeting,.three general concepts were identified:
· The barking dog problem is largely due to an owner's neglect of the dog.
Usually, dogs are left outside and unattended for long periods of time, and
usually, a dog becomes bored and barks excessively for no reason.
· The time frame requirements are not reasonable, hard to track, and would be
difficult to prove ata later date. The solution to the problem should not be So
strict as to prevent residents from pursuing complaints that they believe are
legitimate.
. The need to initiate a process to resolve conflicts over batkingdogs.
Chief Brye reported that the City Staff has reviewed these concepts and believes that the
following steps should be considered to provide citizens a means to address barking dog
concerns, as well as to provide additional mechanisms that can be implemented:
1. Reinstate the following statement into the ordinance... "It shall be unlawful
for any person to own, harbor, keep (on or about premises under the person's
control) or possess any dog which, by loud or unusual barking or howling,
. causes the peace and quiet of the neighborhood, or the occupants of adjacent
premises, to be disturbed or reasonably liable to be disturbed."
2. Provide an affirmative defense to loud or unusual barking if barking was
provoked by an intruder or if there was injury or threat of injury to either the
dog or a person.
3. Provide additional remedies, outside of a citation, to include:
. Informal mediation;
. Alternative enforcement.with.arbitrator;
. Issuance of conditional registration for any barking dog to ensure
further compliance; and
. Suspension or revocation of registration if corrective measures are not
taken.
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As a note, these revisions do not affect an officer's ability to enforce controls during
residential quiet hours as permitted under the existing ordinance.
The City Council authorized the Staff to amend the current animal control ordinance with
the modifications outlined above. The first reading of the Ordinance will be presented at
the next regular session.
NUISANCE NOISE ISSUE REPORT:
The Staff reported on issues relating to nuisance noise.
Chief Brye reported that over the past few months the City has been considering
modifying Chapter 15 of the City's Code of Ordinances relating to noise. Currently, this
ordinance mandates residential quiet hours which limits noise for demolishing,. altering
or repairing a structure, and sounds commonly associated with lawn care.
Lately, staffhas received comments and requests from the community regarding nuisance
noises. Descriptions of these noises include people talking loudly while walking, noises
from parties in yards, block parties and pool parties, yard mowing during the. daytime,
playing of musical instruments, and noise from the little league ball fields.
Chief Brye stated that the City cannot prohibit all noise. The fact is homes are close
together and a community of people provides all sorts of noise. If the City takes a
stronger stance on nuisance noises, there are potential repercussions. For instance, this
could effect backyard parties, the Halloween Spook House, Colonial Park activities, and
block parties, just to name a few.
The current enumerated noises in the ordinance identify noises that a reasonable and
prudent person would believe disturbing and unnecessary. Additional restrictions would
leave the City open to complaints that would raise expectations but be impossible to
enforce.
The Staff recommended no changes to the noise ordinance at this time.
REPORT ON ORDINANCES:
City Manager Sherman Yehl reviewed ordinances for reasonableness, effectiveness and
their conformance to the City's vision with the City Council.
VISION 2020 COMPREHENSIVE PLAN:
The City Council discussed a comprehensive plan for the year 2020.
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Mayor Fogler addressed the need to encourage more West U residents to become
involved in the Town Meetings.
The City Attorney left the meeting at 9:00 p.m.
MATTERS RELATED TO THE APPOINTMENT OF A NEW POLICE CHIEF:
The City Council discussed matters related to the appointment of a new Police Chief.
INOUlRIES. REOuESTSAND COMPLAINTS:
The City Council reviewed matters received from the public and referred them to the
appropriate department or agreed to place them on a future agenda for consideration or
action.
ADJOURNMENT:
With no further business to come before City Council at this time, a motion was made by
Council Member Starich, seconded by Council Member Sparkman, to adjourn. The
workshop session adjourned at 9:15 p.m.
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